#07-4180 (Evans Oil Company) Exhibit A
AGREEMENT 07-4180
for
Gasoline&Diesel Fuel
TI-AS AGREEMENT, made and entered into on this 251-41‘
day of
\14h.) ,2007,by and between Evans Oil Company LLC,authorized to
do business in the State of Florida, whose business address is 3170 S. Horseshoe Drive,
Naples, Florida 34104, hereinafter called the "Contractor", and Collier County, a political
subdivision of the State of Florida,Collier County,Naples,hereinafter called the"County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period,commencing on
October 1,2007,and terminating on September 30,2009.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional two (2) year periods.The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten(10)days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall furnish and deliver unleaded gasoline
and diesel fuel on an as needed basis in accordance with the terms and conditions of
Bid#07-4180 and the Contractor's proposal referred to herein and made an integral part
of this agreement.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement, an amount estimated to exceed Three Million Dollars ($3,000,000),
based on the aggregate of the units actually ordered and furnished at the actual price of
the fuel plus the Contractor markup per gallon as noted on the Contractor's Bid
Response Form.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following address:
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Evans Oil Company LLC
3170 S.Horseshoe Drive
Naples,Florida 34104
Attention: Randy M.Long
Telephone: 239-262-4124
•
Facsimile: 239-262-7861
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department-Purchasing Building
3301 Tamiami Trail,East
Naples,Florida 34112
Attn:Steve Carnell,Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
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. The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured •
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition,the Contractor shall
comply with all rules,regulations and laws of Collier County,the State of Florida,or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use,nor suffer or permit any person to
use in arty manner whatsoever,county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
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suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause;further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race,sex,color,creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors;Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
D. Pollution and Remediation Liability Insurance:
(1) Contractor shall maintain:
a. Pollution and Remediation Liability Insurance including the cost of defense
during the term of this agreement and for a period of five (5) years following
the completion of the Project as outlined in this Agreement. Such coverage
shall apply specifically to the contracting services/scope of work as outlined in
this Agreement and shall include but not be limited to Pollution Legal Liability
(legal liability arising out of the discharge, dispersal,release,seepage,migration
or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids
or gasses, hazardous materials, waste materials or other irritants, contaminants
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or pollutants into or upon land, the atmosphere or any watercourse or body of
water including groundwater at,under or emanating from the project);
b. Remediation Legal Liability/Expense (expenses incurred for or in connection
with the investigation, monitoring, removal, disposal, treatment or
neutralization of a condition arising from the discharge, dispersal, release,
seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic
chemicals, liquids or gasses, hazardous materials, waste materials or other
irritants, contaminants or pollutants into or upon land the atmosphere or any
watercourse or body of water including groundwater at, under or emanating
from the Project, as well as the cost to repair or replace real or personal
property damaged during the course of Remediation Expense in order to
restore the property to the condition it was in prior to the Remediation Expense
to the extent required by Federal,State, Local or Provincial laws,regulations or
statutes or any subsequent amendments thereof);and
c. Transportation Legal Liability/Expense - Pollution Legal Liability or
Remediation Legal Liability/Expense arising out of the movement by the
Contractor/professional/Consultant of product or waste of the Owner to its
final delivery point as specified under this Agreement.
(2) Limits Required:
Each Loss or Expense $2,000,000
Annual Aggregate $4,000,000
The Annual Aggregate limit shall apply separately to this project.
(3) If coverage is provided on a "Claims Made" form as opposed to an
"Occurrence" form, the retroactive date for coverage shall be no later than the
commencement date of the Project and shall provide that, in the event of
cancellation or non-renewal, the Extended Reporting Period (Discovery
Period) for claims shall be no less than three (3) years.
(4) The Collier County Board of County Commissioners shall be named as an
Additional Insured and the policy shall be endorsed that such coverage shall
be primary to any similar coverage carried by the Owner.
(5) This policy shall include contractual liability coverage to contemplate the
indemnity provisions of this agreement.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
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There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate,abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Fleet Management Department.
13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, and Bid #07-4180 Specifi-
cations/Scope of Services.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
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1
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this
agreement, the Contractor is formally acknowledging without exception or
stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended. Failure by the Contractor to
comply with the laws referenced herein shall constitute a breach of this agreement and.
the County shall have the discretion to unilaterally terminate this agreement .
immediately. .
18.VENUE: Any suit or action brought by either party to this Agreement against the
other party relating to or.arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida,which courts have sole
and exclusive jurisdiction on all such matters.
19.OFFER EXTENDED TO OTHER.GOVERNMENTAL ENTITIES:.Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwi = ,Clerk of Courts
•1 t •:.'e Ia ,` Y• J. •r(' Coletta, M .*rman
Evans Oil Company LLC
C• tractor
&thBy: ,
First dirir I Si • re
hype/print witness namet 1 oi\r\t,
Second Witness T •ed 4 a , - and title
C U►1-141∎&- C 'on;
tType/print witness namet
Approved as to form and
legal sufficiency:
Ass' tart Cour Attorney
Print Name
Page 7 of 7
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDINYYYY)
re 09/0612007
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PREMIER INSURANCE CORP.,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.BOX 100770 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
CAPE CORAL,FL 33910-0770 •
PHONE 239-542-7101 INSURERS AFFORDING COVERAGE NAIC#
INSURED EVANS OIL COMPANY,LLC;RML LLC; INSURER A: Empire Fire&Marine
&LONG EQUIPMENT FINANCE LLC INSURER B: Admiral Ins Co
P 0 BOX 856 INSURER C: Landmark American Ins Co
NAPLES,FL 34106 {I INSURER D: FCCI Insurance Co
• I INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE UMI'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R W P pTE ppY ldp
YII I TR WERE TYPE OF INSURANCE POLICY NUMBER D � Ay I LIMITS
GENERAL UABLITY EACH OCCURRENCE I$5,000,000
A X I COM .RCIALGENERALLIABILI Y CP300694 0411212007 04/12/2008 C'eEsOrr o nc.+_�S 100,000
CLAMS MAr�E I X I OCCUR MED EXP(AM one psrtbfl) $5,000
PERSONAL S ADV NJURY S 5,000;000
GENERAL AGGREGATE 5 5,000,000
GFN'L AGGREGATE LIMIT APPUEIS PER PRODUCTS-COMP/OP AGO $5,000,000
-1 AT
POLICY I I_ OT I PU I LOC
AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT
A ANY AUTO
CP300694 04112/2007 0411212008 (Ea accident) i 5,0005,000,000'
ALL OWNED AUTOS BODILY INJURY
(Per person) :
X SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS C )
PROPERTY d d DAMAGE $
•
GARAGE LABILITY AUTO ONLY-EA ACCIDENT J
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: ADO $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000
B jcl OCCUR 7 CLAMS MADE EX00000337-01 0411212007 0411212008 AGGREGATE $10,000,000
_ s
_ DEDUCTIBLE $
_,RETENTION I $
X I wC 3TATU- I `OTH-
WORKERSCOMPENSATiON AND mRYf IrrrTS FR
0 EMPLOYERS'IJABSITY 001-WC07A•57652 04112/2007 04112/2008 EL.EACH ACCIDENT $500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE •
OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $500,000
KPFCAL PROVISIONS below E.L DISEASE-POLICY LIMIT_$500,000
OTHER 5,000,000
C 1 5,000,000 EXCESS OVER PRIMARY LHA034646 0411212007 04112/2008
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES!OCCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
ATTN:FACILITIES MANAGEMENT
Contract 807-4180-Gasoline S diesel fuel contract _
Collier County Government Board of County Commissioners is named Additional Insured
for General Liability and Auto Liability. MCS90 endorsement is Included. •
CERTIFICATE HOLDER CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
COWER COUNTY GOVERNMENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
BOARD OF COUNTY COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL
3301 EAST TAM IAMI TRAIL IMPOSE NO OBLIGATION OR LNBIUTY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
NAPLES,FL 34112 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE if ``**� <TP>
A W
ACORD 25(2001/08) 0 ACORD
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBR)GATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
•
ACORD 26(2001108)